The legality of marrying your cousin in Illinois is subject to specific conditions and restrictions. Here’s what the law says:
Current Legal Status
In Illinois, first cousin marriage is generally prohibited, but there are exceptions:- Age Exception: First cousins can marry if both parties are 50 years of age or older.
- Infertility Exception: First cousins can marry if one of the parties is permanently and irreversibly sterile.
Legal Restrictions
- If neither of the above exceptions apply, first cousin marriages are considered illegal in Illinois.
- The state does not recognize first cousin marriages performed out of state if the couple are Illinois residents intending to return and live in Illinois.
Historical Context
The prohibition on cousin marriage in Illinois has roots in cultural taboos and outdated scientific beliefs. However, recent medical studies suggest that the genetic risks associated with cousin marriages are lower than previously thought.Comparison with Other States
Illinois’ stance on cousin marriage is more restrictive compared to some states but less so than others:- States like Alabama, California, and New York allow first cousin marriages without restrictions.
- Texas and Oklahoma completely ban and criminalize first cousin marriages.
Immigration Considerations
For immigration purposes, the validity of a cousin marriage depends on both federal and state laws:- The marriage must be valid in the place where it was performed.
- It must also be valid in the state where the couple lives or intends to live.
Sources:
- https://casetext.com/admin-law/in-the-matter-of-hirabayashi
- https://www.yeklaw.com/blog/2024/july/immigration-and-marriage-between-cousins/
- https://www.reddit.com/r/immigration/comments/vupwva/i_am_an_american_citizen_and_live_in_illinois_i/
- https://shellesimonlaw.com/first-cousin-marriage-under-us-immigration-law/
- https://en.wikipedia.org/wiki/Cousin_marriage_law_in_the_United_States
